PIL instrument(s)
European Small Claims Procedure (ESCP)
Case number and/or case name
1160133 CV FORM 10-20736
ECLI
ECLI:NL:RBAMS:2010:BO2995
Link to original version
Details of the court
Netherlands, First Instance
Articles referred to by the court
European Small Claims Procedure (ESCP)
Article 20
Paragraph 2
Article 4
Paragraph 1
Article 6
Paragraph 1
Paragraph 2
Paragraph 3 SubParagraph a
Paragraph 3 SubParagraph b
Article 2
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 2 SubParagraph e
Paragraph 2 SubParagraph f
Paragraph 2 SubParagraph g
Paragraph 2 SubParagraph h
Paragraph 3
Date of the judgement
30 August 2010
Appeal history
None
CJEU's case law cited by the court
None
Summary
The claimant lodges a claim based on Art. 4(1) ESCP requesting that Air Baltic should be ordered to pay an amount of € 99.61 corresponding to costs incurred as a result of lost luggage. The claimant submitted that, despite requests to this end, Air Baltic failed to compensate for the costs they have incurred in connection with the non-arrival of luggage after a flight with Air Baltic. The luggage contained, among other things, all the maternity clothes and necessities of the claimants wife. As a result, the claimants were forced to purchase a number of items. Air Baltic defended itself against the claim and thereby referred to Art. 6 of EC Regulation 861/2007. The sub-district court considered that insofar as Air Baltic wanted to object to the language in which the claim form and the appendices were written and intended to refuse the document, this objection is rejected by the judge. In view of the provisions of Art. 6(1) of the Regulation, the claimant has submitted the claim form in the correct language. The claim is written in the language of the court, the Dutch language. Furthermore, Air Baltic has in no way explained or substantiated its objection. The claimant's request is granted.

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